Jackson, 26, was one of two men killed when a suspected drunken driver struck them as they stood outside their vehicle along a highway in Indianapolis.
He is now in the Marion County, Indiana jail awaiting charges.
Curry filed felony charges earlier in the day against the suspect, Manuel Orrego-Savala, a citizen of Guatemala who has twice been deported from the U.S. Orrego-Savala is accused of driving the pickup truck that hit Jackson and his Uber driver, 54-year-old Jeffrey Monroe, early Sunday in Indianapolis.
A breath test administered at the crash scene found that Orrego-Savala's blood-alcohol content was almost 0.24 percent, or nearly three times Indiana's legal limit of 0.08 percent, according to an affidavit. An Indiana State trooper later apprehended him. After an attacker, originally from Uzbekistan according to authorities, drove through a crowd of NY pedestrians and killed eight in November, Trump called for an immigration crackdown.
The agent confirmed Orrego-Savala's identity by submitting his fingerprints into a federal database, the complaint says.
The Justice Department said Orrego-Zavala was arrested by Immigration and Customs Enforcement and Removal Operations (ICE ERO) in October 2006, and removed from the United States to Guatemala in January 2007.
A pretrial hearing for Orrego-Savala is scheduled for March 21.More news: Swift in new avatar
Jackson and the driver of his ride-share auto were killed after a black Ford F-150 pickup driven by 37-year-old Guatemalan national Manuel Orrego-Zavala struck both of them as they were standing on the side of a highway near their stopped vehicle.
Orrego-Savala's DUI conviction was in Redwood City, California, and he has numerous other misdemeanor convictions and arrests in California and in, said Immigration and Customs Enforcement spokeswoman Nicole Alberico. He faces up to 10 years in prison in that case, which would be handled after any state charges are resolved.
Jeffrey had been an Uber driver for more than two years and his wife says he loved every minute of it.
US President Donald Trump on Tuesday sought to use the death of a National Football League player in a auto crash - which police say was caused by an undocumented migrant - to bolster his campaign to tighten border security.
"It's just another tragedy marked up in this illegal immigration fight that we're having and it doesn't surprise me in the lease", said Mary Ann Mendoza.
"The family is in shock, as you can imagine".
Investigators say they believe Orrego-Savala was intoxicated. He also has numerous other misdemeanor convictions and arrests in California and in, according to U.S. Immigration and Customs Enforcement spokeswoman Nicole Alberico.
"This is who my husband was", said Deborah.